Common use of Early Occupancy Clause in Contracts

Early Occupancy. Within five (5) days following (i) full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease Agreement (the "Consent to Sublease") for this Sublease executed by Master Landlord, then Sublandlord shall deliver possession of the Premises to Subtenant (the "Early Occupancy Start Date") and following such delivery, Subtenant shall have the right to occupy and use the Premises for the permitted use described in this Sublease from the Early Occupancy Start Date until the Commencement Date (the "Early Occupancy Period"), provided such occupancy shall be subject to Sublandlord's rights to use the Data Center (as hereinafter defined) as set forth in Paragraph 3.D below, and provided further that such early occupancy shall be subject to all of the terms and conditions of this Sublease, excluding only the obligation to pay Rent (as defined in Paragraph 4.A below). If Sublandlord fails to deliver possession of the Premises to Subtenant within ten (10) days following (i) full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease for this Sublease executed by Master Landlord, then Subtenant shall have the right to terminate this Sublease, provided Subtenant delivers written notice of termination to Sublandlord within five (5) days thereafter. Following full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit), Sublandlord shall use its reasonable efforts to obtain the Master Landlord's written consent to this Sublease.

Early Occupancy. Within five (5) days following (i) full So long as no Event of Default exists, Tenant shall be permitted to enter the Premises upon mutual execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord delivery of the prepaid rent Lease by Landlord and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease Agreement (the "Consent to Sublease") for this Sublease executed by Master Landlord, then Sublandlord shall deliver possession of the Premises to Subtenant (the "Early Occupancy Start Date") and following such delivery, Subtenant shall have the right to occupy and use the Premises for the permitted use described in this Sublease from the Early Occupancy Start Date Tenant until the Commencement Date (the "“Early Occupancy Period")”) for the sole purpose of installing Tenant’s cabling, security system, furniture, fixtures and equipment in the Premises; provided, however, that (a) Tenant shall provide Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, (b) Tenant shall have obtained any and all governmental approvals required for its occupancy of the Premises during the Early Occupancy Period, (c) Landlord may impose any restrictions and conditions on the Early Occupancy Period which Landlord deems reasonably necessary, (d) Tenant shall schedule such occupancy entry during the Early Occupancy Period with Landlord’s property manager and shall be subject to Sublandlord's rights to use not interfere with or disrupt Landlord’s contractors performing work in or around the Data Center Premises, including, without limitation, Landlord’s Work (as hereinafter defined) as set forth in Paragraph 3.D below), and provided further that such early occupancy (e) the Early Occupancy Period shall be subject to all of the terms and conditions of this Sublease, excluding only the obligation Lease except that Tenant will not be obligated to pay Monthly Basic Rent or Excess Expenses during the Early Occupancy Period unless Tenant conducts business in the Premises during any portion of the Early Occupancy Period, but Tenant shall be responsible for all Electricity Utility Charges, and the Early Occupancy Period shall not advance the Expiration Date. If Tenant violates the terms of this Section 2.2 and fails to cure such violation within twenty-four (24) hours notice from Landlord, Landlord may suspend Tenant’s rights under this Section 2.2 (without affecting Tenant’s obligations under this Lease). During the Early Occupancy Period, Tenant agrees to take all necessary action to protect the safety of Tenant and the Tenant Parties (as defined in Paragraph 4.A belowhereinafter defined). If Sublandlord fails Tenant hereby releases and discharges the Landlord Indemnified Parties (as hereinafter defined) from and against any and all claims by Tenant and the Tenant Parties of loss, damage or injury to deliver possession persons or property, including without limitation any product inventory, which is alleged to have occurred during the Early Occupancy Period, except to the extent resulting solely from the gross negligence or willful misconduct of Landlord and not covered by the Tenant’s insurance or insurance which Tenant is obligated to maintain under this Lease. Landlord makes no representation or warranty concerning the safety of the Premises to Subtenant within ten (10) days following (i) full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of during the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease for this Sublease executed by Master Landlord, then Subtenant shall have the right to terminate this Sublease, provided Subtenant delivers written notice of termination to Sublandlord within five (5) days thereafter. Following full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit), Sublandlord shall use its reasonable efforts to obtain the Master Landlord's written consent to this SubleaseEarly Occupancy Period.

Early Occupancy. Within five (5) days following (i) full Subtenant, at Subtenant's option, shall be permitted to enter the Subleased Premises upon the execution and delivery of this Sublease by Sublandlord and Subtenant (for the purpose of remodeling the Subleased Premises and installing Subtenant's payment to Sublandlord furniture and fixtures. From the date of such occupancy until the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease Agreement (the "Consent to Sublease") for this Sublease executed by Master Landlord, then Sublandlord shall deliver possession of the Premises to Subtenant (the "Early Occupancy Start Commencement Date") and following such delivery, Subtenant shall have no obligation to pay any fixed monthly rent or any other charge whatsoever other than utilities and security costs. If legally permissible, Subtenant may commence the operation of its business within the Subleased Premises during such period of access, without causing any early commencement of the term of this Sublease. If Subtenant elects to exercise the within right of early entry in accordance with the provisions of this Paragraph, Subtenant further agrees to occupy and use the Premises for the permitted use described in this Sublease from the Early Occupancy Start Date until the Commencement Date (the "Early Occupancy Period"), provided such occupancy shall be subject to Sublandlord's rights to use the Data Center (as hereinafter defineda) as set forth in Paragraph 3.D below, and provided further that such early occupancy shall be subject to all of comply with the terms and conditions of this Sublease, excluding only the Sublease except with regard to Subtenant's obligation to pay Rent fixed monthly rent, rent adjustments and any other charges whatsoever, (as defined b) pay for and provide certificates evidencing the existence and amounts of liability insurance carried by Subtenant, which coverage shall be in Paragraph 4.A below). If Sublandlord fails to deliver possession compliance with Article VIII of the Premises to Subtenant within ten (10) days following (i) full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit) Lease, and (iic) receipt comply with all applicable laws, regulations, permits and other approvals applicable to such early entry work on the Subleased Premises. Subtenant understands that it is undertaking a business risk by Sublandlord of the Consent to Sublease for this Sublease executed by Master Landlordsuch early entry, then Subtenant shall have the right to terminate this Sublease, provided Subtenant delivers written notice of termination to Sublandlord within five (5) days thereafter. Following full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit), Sublandlord shall use which is that Landlord may not provide its reasonable efforts to obtain the Master Landlord's written consent to this Sublease. If by the expiration of the period of time provided under the Sublease for Sublandlord to deliver such consent, Landlord has failed to give such consent, Subtenant shall be subject to a potential notice of immediate vacation of the Premises by Landlord and/or Sublandlord, in which event this Sublease shall terminate and Subtenant's sole remedy shall be the right to remove all of its personal property from the Subleased Premises, and to promptly repair any resulting damage, so long as such removal occurs within fifteen (15) days of receipt of notice of the disapproval of this Sublease, with the failure to so timely remove such personality creating the rights in Landlord and Sublandlord to dispose of Subtenant's personal property pursuant to the provisions of California Civil Code Sections 1980 through 1991.

Early Occupancy. Within five (5) days following (i) full execution of this Sublease by Sublandlord During the period commencing on June 1, 2000 and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease Agreement (the "Consent to Sublease") for this Sublease executed by Master Landlord, then Sublandlord shall deliver possession of the Premises to Subtenant (the "Early Occupancy Start Date") and following such delivery, Subtenant shall have the right to occupy and use the Premises for the permitted use described in this Sublease from the Early Occupancy Start Date until --------------- ending on the Commencement Date (the "Early Occupancy Period"), provided such occupancy Tenant shall be subject ------------------------- permitted to Sublandlordenter the Fourth Expansion Space for the sole purpose of constructing certain interior Tenant improvements therein, provided that Tenant's rights to use occupancy of the Data Center (as hereinafter defined) as set forth in Paragraph 3.D below, and provided further that such early occupancy Fourth Expansion Space during the Early Occupancy Period shall be subject to all of the terms terms, covenants and conditions of this SubleaseLease (including, excluding only without limitation, Tenant's obligations to obtain Landlord's prior written consent before commencing any alterations and Tenant's indemnity and insurance obligations), except that Landlord agrees, subject to the last two sentences of this Section 4, that Tenant's obligation to pay Base Rent, Operating Cost Share Rent (as defined in Paragraph 4.A below)and Tax Share Rent during the Early Occupancy Period shall be waived. Notwithstanding the foregoing, Tenant shall pay for all utility and other costs incurred by Landlord to the extent they relate to Tenant's work during the Early Occupancy Period. If Sublandlord fails to deliver Tenant occupies any part of the Fourth Expansion Space during the Early Occupancy Period for purposes of doing business, then Tenant shall pay all Base Rent, Operating Cost Share Rent and Tax Share Rent at the rate for the first Lease Year as set forth in the Schedule prorated for any partial month. In the event that Landlord determines that possession of the Premises Fourth Expansion Space can be delivered to Subtenant within ten (10) days following (i) full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment Tenant prior to Sublandlord of the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease for this Sublease executed by Master LandlordJune 1, then Subtenant 2000, Landlord shall have the right to terminate this Sublease, provided Subtenant delivers provide Tenant with written notice of termination to Sublandlord within five (5) days thereafterthe earlier date on which the Early Occupancy Period shall commence. Following full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of A change in the prepaid rent and Security Deposit), Sublandlord commencement date for the Early Occupancy Period shall use its reasonable efforts to obtain not affect the Master Landlord's written consent to this SubleaseFourth Amendment Expansion Space Commencement Date.

Early Occupancy. Within five Tenant shall be permitted, subject to the terms and conditions of this Section 3.2 herein provided, to occupy the Premises for its business operations for that period (5the “Early Occupancy Period”) equal to thirty (30) days following (i) full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease Agreement date (the "Consent “Early Occupancy Date”) that the tenant improvements constructed by Landlord pursuant to Sublease"the attached Work Letter (the “Tenant Improvements”) are substantially completed but for this Sublease executed minor punch list matters, a temporary or permanent certificate of occupancy has been issued to the Premises by Master the City of Irvine, and the Premises, as so improved, are tendered to Tenant. If Landlord, then Sublandlord shall for any reason whatsoever, cannot deliver possession of the Premises to Subtenant (Tenant on or before the "Estimated Early Occupancy Start Date as set forth in Item 4 of the Basic Lease Provisions (“Estimated Early Occupancy Date") ”), this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date of this Lease shall not occur until the next day following such delivery, Subtenant shall have the right to occupy and use the Premises for the permitted use described in this Sublease from expiration of the Early Occupancy Start Date until Period (as more particularly provided in Section 3.1 above), except that if Landlord cannot so tender possession of the Commencement Date (Premises on the "Estimated Early Occupancy Period"Date due to any action or inaction of Tenant (including without limitation any “Tenant Delay” described in the Work Letter attached to this Lease), provided such then the Early Occupancy Date shall be deemed to have occurred (and the Early Occupancy Period shall be deemed to have commenced) on the date Landlord would have been able to deliver the Premises to Tenant but for Tenant’s action or inaction, including without limitation any Tenant Delay described in the attached Work Letter. Tenant’s occupancy of the Premises during the Early Occupancy Period shall be subject to Sublandlord's rights the following terms and conditions: (a) concurrently with the execution and delivery of this Lease, and prior to use any such early occupancy by Tenant, Tenant shall deliver to Landlord (i) the Data Center first installment of Basic Rent and Operating Expenses due under the Lease (as hereinafter definedii) as the Security Deposit set forth in Paragraph 3.D belowItem 9 of the Basic Lease Provisions, and provided further that such early (iii) the required certificate(s) of insurance and a completed Hazardous Material Survey Form (see Exhibit C attached hereto); and (b) Tenant’s occupancy of the Premises during the Early Occupancy Period shall be subject to all of the terms covenants and conditions on Tenant’s part contained in this Lease (including, without limitation, the covenants contained in Sections 5.3, 6.1, 7.1, 7.3, 7.4, 10.1 and 10.3 of this Subleasethe Lease), excluding only except for the obligation to pay Basic Rent and Operating Expenses. Notwithstanding anything to the contrary contained in this Section 3.2, if for any reason other than “Tenant Delays” (as defined in Paragraph 4.A belowthe Work Letter attached hereto). If Sublandlord fails to deliver possession , or other matters beyond Landlord’s reasonable control, the actual Early Occupancy Date has not occurred by the date that is one hundred twenty (120) days following the Estimated Early Occupancy Date shown on Item 4 of the Premises Basic Lease Provisions, then Tenant may, by written notice to Subtenant Landlord given at any time thereafter but prior to the actual occurrence of the Early Occupancy Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Early Occupancy Date will not occur on or before one hundred twenty (120) days following the Estimated Early Occupancy Date, Landlord may notify Tenant in writing of such fact and of a new outside date on or before which the Early Occupancy Date will occur, and Tenant must elect within ten (10) days following (i) full execution of receipt of such notice to either terminate this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease for this Sublease executed by Master Landlord, then Subtenant shall have the Lease or waive its right to terminate this SubleaseLease provided the Early Occupancy Date occurs on or prior to the new outside date established by Landlord in such notice to Tenant. Tenant’s failure to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant’s waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, provided Subtenant delivers written notice of termination but not as to Sublandlord within five (5) days thereafter. Following full execution of this Sublease the new outside date established by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit), Sublandlord shall use its reasonable efforts to obtain the Master Landlord's written consent to this Subleasesaid notice.

Early Occupancy. Within five (5) days following (i) full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord If Substantial Completion of the prepaid rent and Security DepositTenant Improvements (as such terms are defined in the Work Letter attached hereto as Exhibit B) and (ii) receipt by Sublandlord occurs prior to the Lease Commencement Date, then following Substantial Completion of the Consent to Sublease Agreement Tenant Improvements and continuing until the Lease Commencement Date (the "Consent to Sublease") for this Sublease executed by Master Landlord, then Sublandlord shall deliver possession of the Premises to Subtenant (the "“Early Occupancy Start Date") Period”), and following such deliveryso long as Landlord has received insurance certificates evidencing that Tenant is carrying the insurance required to be carried by Tenant pursuant to the terms of Article 10 below, Subtenant Tenant shall have the right to access and occupy and use the Premises for the permitted use described in this Sublease from during the Early Occupancy Start Date until the Commencement Date (the "Period; provided, however, that during such Early Occupancy Period"), provided such occupancy shall be Period and subject to Sublandlord's rights to use the Data Center (as hereinafter defined) as set forth in Paragraph 3.D belowterms of the Work Letter, and provided further that such early occupancy shall be subject to all of the terms and conditions of this SubleaseLease shall apply, excluding only the including, without limitation, Tenant’s obligation to pay to Landlord all sums and charges required to be paid by Tenant under this Lease, including, without limitation, charges for additional services provided to the Premises so occupied pursuant to Sections 6.1.2 and 6.2 of this Lease. Subject to the foregoing, during such Early Occupancy Period, Tenant shall not be obligated to pay Base Rent for the Premises and/or Tenant’s Share of Operating Expenses, Tax Expenses or Utilities Costs (as such terms are defined below in Paragraph 4.A Article 4 below). If Sublandlord fails to deliver possession ) in accordance with the terms of this Lease, until the occurrence of the Premises to Subtenant within ten (10) days following (i) full execution of this Sublease by Sublandlord and Subtenant Lease Commencement Date (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease for this Sublease executed by Master Landlord, then Subtenant no such Base Rent or such other charges shall have the right to terminate this Sublease, provided Subtenant delivers written notice of termination to Sublandlord within five (5) days thereafter. Following full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Depositaccrue during such Early Occupancy Period), Sublandlord shall use its reasonable efforts to obtain the Master Landlord's written consent to this Sublease.

Early Occupancy. Within five (5) days following (i) full execution Notwithstanding the terms and conditions of Section 2.1 above or Section 3.1 of the Summary, but subject to the terms and conditions of this Sublease by Sublandlord and Subtenant (and Subtenant's payment Section 2.1.1, if the Tenant Improvements are substantially completed prior to Sublandlord of the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease Agreement (the "Consent to Sublease") for this Sublease executed by Master LandlordLease Commencement Date, then Sublandlord shall deliver possession of the Premises to Subtenant (the "Early Occupancy Start Date") and following such delivery, Subtenant Tenant shall have the right thereafter to occupy and use up to two (2) full floors of the Premises prior to the Lease Commencement Date for the permitted use described in this Sublease from conduct of Tenant's business, without such occupancy causing the Early Occupancy Start Date until the Lease Commencement Date to occur (the portion of the Premises so occupied by Tenant, as determined in full floor increments is the "Early Occupancy PeriodAccess Premises"), ; provided such occupancy that (i) Tenant shall be subject to Sublandlord's rights to use give Landlord prior written notice of (a) the Data Center (as hereinafter defined) as set forth in Paragraph 3.D below, and provided further that date of any such early occupancy and (b) the location of the Early Access Premises, (ii) a certificate of occupancy, temporary certificate of occupancy, or legal equivalent shall have been issued by the appropriate governmental authorities for the Early Access Premises, (iii) Tenant has delivered to Landlord satisfactory evidence of the insurance coverage required to be subject to carried by Tenant in accordance with Article 10 below, (iv) the Construction Period (as that term is defined in Section 10.1.2 below) has expired, and (v) except as provided hereinbelow, all of the terms and conditions of this Subleasethe Lease shall apply as though the Lease Commencement Date had occurred (although the Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of Section 2.1, excluding above) upon Tenant's commencement of the conduct of its business in the Early Access Premises; provided, however, notwithstanding the foregoing, during any such period prior to the Lease Commencement Date that Tenant occupies the Early Access Premises for the conduct of its business (A) Tenant shall only the obligation be obligated to pay Base Rent for the Early Access Premises, and not the remainder of the Premises (in the amount otherwise applicable as defined in Paragraph 4.A belowof the Lease Commencement Date on a per rentable square footage basis). If Sublandlord fails , (B) Tenant shall only be obligated to deliver possession pay Tenant's Share of Direct Expenses attributable to the Early Access Premises, and not the remainder of the Premises to Subtenant within ten (10) days following (i) full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord the remainder of the prepaid rent and Security Deposit) Premises, and (ii) receipt by Sublandlord C Tenant may only utilize the amount of parking passes attributable to the rentable square footage of the Consent to Sublease for this Sublease executed by Master LandlordEarly Access Premises, then Subtenant shall have as determined using the right to terminate this Sublease, provided Subtenant delivers written notice of termination to Sublandlord within five (5) days thereafter. Following full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord ratio set forth in Section 9 of the prepaid rent and Security Deposit), Sublandlord shall use its reasonable efforts to obtain the Master Landlord's written consent to this SubleaseSummary.

Early Occupancy. Within five Subject to the terms and conditions set forth in Section 15 below (5) days following (i) full execution conditioning the effectiveness of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord upon the receipt of the prepaid rent and Security Deposit) and Master Landlord’s Consent (ii) receipt by Sublandlord of the Consent to Sublease Agreement (the "Consent to Sublease") for as defined below)), so long as no event which constitutes a default under this Sublease executed by Master Landlord, then Sublandlord shall deliver possession of the Premises to Subtenant (the "Early Occupancy Start Date") and following such deliveryhas occurred, Subtenant shall have the right be permitted to occupy and use enter the Premises for upon the permitted use described in full execution and delivery of this Lease and prior to the Sublease from the Early Occupancy Start Date until the Commencement Date (the "“Early Occupancy Period")”) for the sole purpose of designing and installing in the Premises Subtenant’s furniture, fixtures and equipment; provided, however, that (a) Subtenant shall provide Sublandlord and Master Landlord with copies of certificates of insurance, complying in all respects with the terms of Section 5.5 of this Sublease for all insurance required to be provided by Subtenant hereunder prior to entering the Premises, (b) Subtenant shall have obtained any and all governmental approvals required for its occupancy of the Premises during the Early Occupancy Period, (c) the Early Occupancy Period shall not advance the Sublease Expiration Date, (d) Subtenant shall schedule such entry during the Early Occupancy Period with Sublandlord or Sublandlord’s property manager and shall not interfere with Sublandlord’s contractors performing work in or around the Premises or with the use and occupancy shall be subject to Sublandlord's rights to use of the Data Center Project by Sublandlord or other tenants and occupants of the Premises or Project, (as hereinafter definede) as set forth Sublandlord may impose any restrictions and conditions on the Early Occupancy Period which Sublandlord deems reasonably necessary and which do not unreasonably interfere with Subtenant’s installation of Subtenant’s furniture, fixtures and equipment in Paragraph 3.D belowaccordance with this Sublease, (f) Subtenant may not conduct business in the Premises during the Early Occupancy Period, and provided further that such early occupancy (g) the Early Occupancy Period shall be subject to all of the terms and conditions of this Sublease, excluding only the obligation Sublease except that Subtenant will not be obligated to pay Base Sublease Rent or Additional Rent during the Early Occupancy Period (so long as defined Subtenant does not conduct business in Paragraph 4.A belowthe Premises). If Sublandlord Tenant violates the terms of this Section 2.3 and fails to deliver possession of the Premises to Subtenant within ten (10) days following (i) full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease for this Sublease executed by Master Landlord, then Subtenant shall have the right to terminate this Sublease, provided Subtenant delivers written notice of termination to Sublandlord cure such violation within five (5) days thereafterafter receipt of written notice from Sublandlord regarding the same, Sublandlord may suspend Subtenant’s rights under this Section 2.3 (without affecting Subtenant’s obligations under this Sublease). Following full execution During the Early Occupancy Period, Subtenant agrees to take all necessary action to protect the safety of this Sublease by Subtenant and Subtenant’s partners, members, officers, directors, shareholders, contractors, employees, representatives, agents and invitees (collectively, the “Subtenant Parties”). Subtenant hereby releases and discharges Sublandlord and Sublandlord’s partners, members, officers, directors, shareholders, contractors, employees, representatives, agents and invitees (collectively, the “Sublandlord Parties”) from and against any and all claims by Subtenant (and Subtenant's payment the Subtenant Parties of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred in the Premises or the Project during the Early Occupancy Period, except to the extent arising from the gross negligence or willful misconduct of Sublandlord of or the prepaid rent and Security Deposit), Sublandlord shall use its reasonable efforts to obtain the Master Landlord's written consent to this SubleaseParties.

Early Occupancy. Within five (5) days following (i) full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease Agreement (the "Consent to Sublease") for this Sublease executed by Master Landlord, then Sublandlord shall deliver possession of the Premises to Subtenant (the "Early Occupancy Start Date") and following such delivery, Subtenant Tenant shall have the right to occupy and use commence business operations in portions or all of the Premises, at any time after Landlord has delivered such portion of the Premises for in the permitted use described applicable Delivery Condition therefor (as defined in this Sublease from the Early Occupancy Start Date until Tenant Work Letter), but prior to the Lease Commencement Date (the "Early Occupancy PeriodPRE-OCCUPANCY PERIOD"), provided that (i) Substantial Completion (as such term is defined in the Tenant Work Letter) of such portion of the Premises shall have occurred, (ii) Tenant has installed Tenant's Fixturizing Work (as defined in the Tenant Work Letter) in such portion of the Premises in compliance with all applicable Laws and the Approved Working Drawings therefor, (iii) such occupancy and business operations do not interfere with or delay Landlord's completion of construction of the Tenant Improvements and Base, Shell and Core work for such portion of the Premises occupied by Tenant and/or the remainder of the Premises not so occupied by Tenant, (iv) a temporary certificate of occupancy or its equivalent shall have been issued by the appropriate governmental authorities for each such portion(s) of the Premises to be subject to Sublandlord's rights to use the Data Center (as hereinafter defined) as set forth in Paragraph 3.D belowoccupied, and provided further that (v) during such early occupancy shall be subject to of such portion(s) of the Premises by Tenant, and until the Lease Commencement Date occurs, all of the terms and conditions of this SubleaseLease shall apply, excluding only the including, without limitation, Tenant's obligation to pay Rent to Landlord all sums and charges required to be paid by Tenant under this Lease (as defined including, without limitation (A) charges for overstandard utilities consumed in Paragraph 4.A below). If Sublandlord fails to deliver possession such portions of the Premises so occupied pursuant to Subtenant within ten (10) days following (i) full execution Section 6.2 of this Sublease Lease and (B) charges for additional services provided to such portions of the Premises so occupied pursuant to Section 6.4 of this Lease), as though the Lease Commencement Date had occurred (although the Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of Section 7.2 of the Summary); provided however, during such Pre-Occupancy Period, (1) Tenant shall not be obligated to pay to Landlord any Base Rent for the portion of the Premises so occupied, and (2) Tenant shall be obligated to pay to Landlord a per diem amount equal to $0.01 per rentable square foot of the portion of the Premises so occupied by Sublandlord Tenant, calculated on a half-floor or full-floor basis as described hereinbelow (the "OCCUPANCY RENT"); provided, however, if the Lease Commencement Date has not occurred during the Pre-Occupancy Period as a result of Force Majeure events, then from and Subtenant after the date during such Pre-Occupancy Period that the Lease Commencement Date would have occurred but for such Force Majeure events, the per diem Occupancy Rent amount set forth hereinabove shall be adjusted to equal Tenant's Share of Direct Expenses with respect to the portions of the Premises so occupied by Tenant, calculated on a half-floor or full-floor basis as described hereinbelow and determined on a net basis (and Subtenant's payment not on a full service gross basis) without regard to Sublandlord (or subtracting from such obligation the Direct Expenses incurred in) the Base Year. For purposes of calculating the Occupancy Rent payable by Tenant as defined hereinabove, (x) for each portion of a floor so occupied by Tenant which is equal to or less than one-half (1/2) of such floor, until Tenant occupied more than one-half (1/2) of such floor in which case the provisions of clause (y) below shall then apply, Tenant shall be deemed to have occupied one-half (1/2) of such floor, and the Occupancy Rent therefor shall be determined based upon the rentable square feet of one-half (1/2) of such floor upon which Tenant has occupied space (not just for the space on such floor so occupied), (y) for each portion of a floor so occupied by Tenant which is greater than one-half (1/2) of such floor, Tenant shall be deemed to have occupied the entire floor, and the Occupancy Rent therefor shall be determined based upon the rentable square feet of the prepaid rent and Security Deposit) entire floor upon which Tenant has occupied space (not just the space on such floor so occupied), and (iiz) receipt by Sublandlord Tenant shall be obligated to pay the Occupancy Rent for such half-floor or full floor portion(s) of the Consent Premises (as the case may be) during the entire part of the Pre-Occupancy Period commencing as of the first day of occupancy by Tenant of space on such floor which (I) with respect to Sublease for this Sublease executed by Master Landlordclause (x) hereinabove pertains to space which is equal to or less than one-half (1/2) floor, then Subtenant shall have the right and (II) with respect to terminate this Subleaseclause (y) hereinabove, provided Subtenant delivers written notice pertains to more than one-half (1/2) of termination to Sublandlord within five (5) days thereafter. Following full execution such floor, notwithstanding Tenant may thereafter cease occupancy of this Sublease by Sublandlord and Subtenant all or any portion (and Subtenantwith respect to clause (y), less than one-half)_of such floor. Tenant's payment early entry in the Premises to Sublandlord install Tenant's Fixturizing Work pursuant to the Tenant Work Letter shall be set forth in and subject to the applicable provisions of the prepaid rent and Security Deposit)Tenant Work Letter, Sublandlord which provisions shall use its reasonable efforts not apply with respect to obtain Tenant's rights of early occupancy to commence business operations in the Master Landlord's written consent Premises pursuant to this SubleaseSection 2.2.

Early Occupancy. Within five Not later than ten (510) days following after the --------------- Building has internal electricity (i) full execution of this Sublease by Sublandlord but subject to all applicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect), and Subtenant (provided that Tenant and Subtenant's payment to Sublandlord its agents do not unreasonably interfere with the work of the prepaid rent and Security Deposit) and Contractor (ii) receipt by Sublandlord as defined in Section 7 of the Consent Work Letter) on the Improvements (as defined in Section 1 of the Work Letter), Landlord and the Contractor shall allow Tenant access to Sublease Agreement (the "Consent Data Center," as that term is defined below, prior to Sublease") for this Sublease executed by Master Landlord, then Sublandlord shall deliver possession the Substantial Completion of the Premises to Subtenant (the "Early Occupancy Start Date") and following such delivery, Subtenant shall have the right to occupy and use the Premises for the permitted purpose of Tenant installing overstandard equipment or fixtures in such portion of the Premises. As used herein, the "Data Center" shall mean that portion of the Premises which Tenant shall have previously designated for use described as Tenant's data center either (A) in this Sublease from the Early Occupancy Start Date until Final Plans (as defined in the Work Letter) approved by Landlord pursuant to the Work Letter, or (B) by written notice to Landlord to which Landlord has consented in writing (which consent shall not be unreasonably withheld). In addition, not later than twenty-one (21) days prior to the Estimated Commencement Date (the "Early Occupancy Period"but subject to all applicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect), and provided such occupancy that Tenant and its agents do not materially interfere with the work of the Contractor on the Improvements, Landlord and the Contractor shall be subject allow Tenant reasonable access to Sublandlord's rights the Premises to use permit Tenant to install cable and furniture and to conduct other preparatory activities. Such installation and other preparatory activities shall not constitute "substantial business operations" for the purpose of determining the Commencement Date, as set forth above; provided, however, if Tenant commences any business operations in the Data Center (as hereinafter defined) as set forth prior to the Possession Date, then Tenant shall be obligated to pay Rent for such period on a pro-rata basis based upon the ratio which the number of rentable square feet in Paragraph 3.D below, the Data Center has to the number of rentable square feet in the Building and provided further that such early Tenant's occupancy of the Data Center shall be subject to all provisions of this Lease as though the Commencement Date had occurred (although the Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms and conditions of this Sublease, excluding only the obligation to pay Rent (as defined in Paragraph 4.A belowSection 2.1). If Sublandlord fails Prior to deliver possession of Tenant's entry into the Premises to Subtenant within ten (10) days following (i) full execution as permitted by the terms of this Sublease Section 2.1, Tenant shall submit a schedule to Landlord and the Contractor, for their approval, which schedule shall detail the timing and purpose of Tenant's entry. Tenant shall hold Landlord harmless from and indemnify, protect and defend Landlord against any loss or damage to the Improvements and against injury to any persons caused by Sublandlord and Subtenant (and SubtenantTenant's payment actions pursuant to Sublandlord of the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease for this Sublease executed by Master Landlord, then Subtenant shall have the right to terminate this Sublease, provided Subtenant delivers written notice of termination to Sublandlord within five (5) days thereafter. Following full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit), Sublandlord shall use its reasonable efforts to obtain the Master Landlord's written consent to this Sublease.this

Early Occupancy. Within five Tenant shall be permitted, subject to the terms and conditions of this Section 3.2 herein provided, to occupy the Premises for its business operations for that period (5the “Early Occupancy Period”) equal to ninety (90) days following the date (the “Early Occupancy Date”) when: (i) full execution of this Sublease by Sublandlord the Tenant Improvements are substantially completed in accordance with the approved “Working Drawings and Subtenant Specifications” (as defined in the attached Work Letter), but for minor punch list matters, and Subtenant's payment the Premises, as so improved, are tendered to Sublandlord of the prepaid rent and Security Deposit) Tenant, and (ii) receipt by Sublandlord the City of Irvine has issued either a temporary or final certificate of occupancy for the Premises. If Landlord, for any reason whatsoever, cannot so deliver possession and occupancy of the Consent Premises to Sublease Agreement Tenant on or before the Estimated Early Occupancy Date as set forth in Item 4 of the Basic Lease Provisions (“Estimated Early Occupancy Date”), this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the "Consent to Sublease") for Commencement Date of this Sublease executed by Master LandlordLease shall not occur until after the day following the expiration of the Early Occupancy Period (as more particularly provided in Section 3.1 above), then Sublandlord shall deliver except that if Landlord cannot so tender possession of the Premises to Subtenant (on or before the "Estimated Early Occupancy Start Date") and following such delivery, Subtenant shall have the right Date due to occupy and use the Premises for the permitted use any action or inaction of Tenant (including without limitation any “Tenant Delay” described in the Work Letter attached to this Sublease from Lease), then the Early Occupancy Start Date until shall be deemed to have occurred (and the Commencement Date (the "Early Occupancy Period"Period shall be deemed to have commenced) on the date Landlord would have been able to deliver the Premises to Tenant but for Tenant’s action or inaction, including without limitation any Tenant Delay described in the attached Work Letter. Notwithstanding anything to the contrary contained in this Section 3.2, if for any reason other than “Tenant Delays” (as defined in the Work Letter attached hereto), or other matters beyond Landlord’s reasonable control, the actual Early Occupancy Date has not occurred by the date that is one hundred twenty (120) days following the Estimated Early Occupancy Date, then Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Early Occupancy Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Early Occupancy Date will not occur on or before one hundred twenty (120) days following the Estimated Early Occupancy Date, Landlord may notify Tenant in writing of such fact and of a new outside date on or before which the Early Occupancy Date will occur, and Tenant must elect within ten (10) days of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the Early Occupancy Date occurs on or prior to the new outside date established by Landlord in such notice to Tenant. Tenant’s failure to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant’s waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. Within ten (10) days following any such termination by Tenant, Landlord shall refund to Tenant (i) the Security Deposit, (ii) any unexpended portion of the “Tenant’s Contribution” (as defined in the Work Letter) theretofore paid by Tenant to Landlord, and (iii) any rent theretofore paid by Tenant to Landlord. Tenant’s occupancy of the Premises during the Early Occupancy Period shall be subject to Sublandlord's rights the following terms and conditions: (a) concurrently with the execution and delivery of this Lease, and prior to use any such early occupancy by Tenant, Tenant shall deliver to Landlord (i) the Data Center first installment of Basic Rent and Operating Expenses due under the Lease (as hereinafter definedii) as the Security Deposit set forth in Paragraph 3.D belowItem 9 of the Basic Lease Provisions, and provided further that such early (iii) the required certificate(s) of insurance and a completed Hazardous Material Survey Form (see Exhibit C attached hereto); and (b) Tenant’s occupancy of the Premises during the Early Occupancy Period shall be subject to all of the terms covenants and conditions on Tenant’s part contained in this Lease (including, without limitation, the covenants contained in Sections 5.3, 6.1, 7.1, 7.3, 7.4, 10.1 and 10.3 of this Subleasethe Lease), excluding only except for the obligation to pay Basic Rent (as defined in Paragraph 4.A below)and Operating Expenses. If Sublandlord fails Tenant shall have access to deliver possession of the Premises prior to Subtenant within ten (10) days following (i) full execution of this Sublease by Sublandlord the Early Occupancy Period for the purposes, and Subtenant (subject to the terms and Subtenant's payment to Sublandlord of conditions, set forth in the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease for this Sublease executed by Master Landlord, then Subtenant shall have the right to terminate this Sublease, provided Subtenant delivers written notice of termination to Sublandlord within five (5) days thereafter. Following full execution of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit), Sublandlord shall use its reasonable efforts to obtain the Master Landlord's written consent to this SubleaseWork Letter.

Early Occupancy. Within five (5) days following (i) full execution Tenant shall be permitted, subject to the terms and conditions of this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease Agreement (the "Consent to Sublease") for this Sublease executed by Master LandlordSection 3.2 herein provided, then Sublandlord shall deliver possession of the Premises to Subtenant (the "Early Occupancy Start Date") and following such delivery, Subtenant shall have the right to occupy and use the Premises for the permitted use described in this Sublease from the Early Occupancy Start Date until the Commencement Date its business operations for that period (the "Early Occupancy Period") equal to ninety (90) days following the date (the "Early Occupancy Date") that the tenant improvements constructed by Landlord pursuant to the attached Work Letter (the "Tenant Improvements") are substantially completed but for minor punch list matters, and the Premises, as so improved, are tendered to Tenant. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Early Occupancy Date as set forth in Item 4 of the Basic Lease Provisions ("Estimated Early Occupancy Date"), this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any Basic Rent or Operating Expenses and the Commencement Date of this Lease shall not occur until after the day following the expiration of the Early Occupancy Period (as more particularly provided such in Section 3.1 above), except that if Landlord cannot so tender possession of the Premises on the Estimated Early Occupancy Date due to any action or inaction of Tenant (including without limitation any "Tenant Delay" described in the Work Letter attached to this Lease), then the Early Occupancy Date shall be deemed to have occurred (and the Early Occupancy Period shall be deemed to have commenced) on the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's action or inaction, including without limitation any Tenant Delay described in the attached Work Letter. Tenant's occupancy of the Premises during the Early Occupancy Period shall be subject to Sublandlord's rights the following terms and conditions: (a) concurrently with the execution and delivery of this Lease, and prior to use any such early occupancy by Tenant, Tenant shall deliver to Landlord (i) the Data Center first installment of Basic Rent and Operating Expenses due under the Lease (as hereinafter definedii) as the Security Deposit set forth in Paragraph 3.D belowItem 9 of the Basic Lease Provisions, and provided further that such early (iii) the required certificate(s) of insurance and a completed Hazardous Material Survey Form (see Exhibit C attached hereto); and (b) Tenant's occupancy of the Premises during the Early Occupancy Period shall be subject to all of the terms covenants and conditions on Tenant's part contained in this Lease (including, without limitation, the covenants contained in Sections 5.3, 6.1, 7.1, 7.3, 7.4, 10.1 and 10.3 of this Subleasethe Lease), excluding only except for the obligation to pay Rent Basic Rent. Notwithstanding anything to the contrary contained in this Section 3.2, if for any reason other than "Tenant Delays" (as defined in Paragraph 4.A belowthe Work Letter attached hereto). If Sublandlord fails , or other matters beyond Landlord's reasonable control, the actual Early Occupancy Date has not occurred by March 15, 2005, then Tenant may, by written notice to deliver possession Landlord given at any time thereafter but prior to the actual occurrence of the Premises Early Occupancy Date, elect to Subtenant terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Early Occupancy Date will not occur on or before March 15, 2005, Landlord may notify Tenant in writing of such fact and of a new outside date on or before which the Early Occupancy Date will occur, and Tenant must elect within ten (10) days following (i) full execution of receipt of such notice to either terminate this Sublease by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit) and (ii) receipt by Sublandlord of the Consent to Sublease for this Sublease executed by Master Landlord, then Subtenant shall have the Lease or waive its right to terminate this SubleaseLease provided the Early Occupancy Date occurs on or prior to the new outside date established by Landlord in such notice to Tenant. Tenant's failure to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, provided Subtenant delivers written notice of termination but not as to Sublandlord within five (5) days thereafter. Following full execution of this Sublease the new outside date established by Sublandlord and Subtenant (and Subtenant's payment to Sublandlord of the prepaid rent and Security Deposit), Sublandlord shall use its reasonable efforts to obtain the Master Landlord's written consent to this Subleasesaid notice.